Case nº Revision Petition No. 4391 and 4439 of 2008 of National Consumer Disputes Redressal Commission, November 27, 2015 (case 1. Rakesh Kumar Khattar & Ors S/O Late Shri BL Khattar, 2. Smt. Savitri Devi W/O Late Shri Bl Khattar 3. Ms. Adarsh Bhandhari D/O Late Sh. Bl Khattar 4. Sh. Subash Khattar 5. Smt. Santosh Marwah W/O Akesh Marwah, 6. M/S. Greater Delhi Planners P. Ltd. & Anr, 7. Sunil Bhushan Sharma S/O Late Sh. Kulbhushan Sharma Vs 1. Gajinder Kumar Jain S/O Prem Kumar Jain, 2. Sh. Ram Chander, S/O Sh. Raghu Nath, 3. Sh. Ram Chander S/O Sh. Net Ram 4. M/S. Greater Delhi Planners P. Ltd. Through Sh. Sunil Bhushan Sharma Its Partner, 5. Sunil Bhushan Sharma S/O Late Sh. Kul Bhushan Sharma, 6. Rakesh Kumar Khattar S/O Late Sh. B.L. Khattar, 7. Savitri Devi W/O Late Sh. B.L. Khattar, 8. Ms. Adarsh Bhandari, 9. Subhash Khattar S/O Sh. B.L. Khattar, 10. Santosh Marwah W/O Sh. Akesh Marwah, 11. Gajender Kumar Jain S/O Sh. Prem Kumar Jain, 12. Ram Chander S/O Sh. Raghu Nath, 13. Ram Chander S/O Sh. Net Ram,)
| Judge | For the Petitioner: Petitioners No.1 and 2 in person and For the Respondent: Mr. Suresh Chand, Advocate for R-1 and R-2 Nemo for R-3 Mr. R.S. Kela, Advocate for R-4 and R-5 |
| President | Mr. V.B. Gupta, Presiding Member and Mr. Prem Narain, Member |
| Resolution Date | November 27, 2015 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
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This order will decide two revision petitions bearing No. RP No.4391 of 2008 filed by Rakesh Kumar Khattar & Ors., and the second RP No.4439 of 2008 filed by M/s. Greater Delhi Planners Pvt. Ltd. &Anr., against the order dated 17.7.2008 of the State Consumer Disputes Redressal Commission, Delhi, (in short ''the State Commission'').
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For discussion purposes revision petition No.4391 of 2008 will be taken as lead case.
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The brief facts of the case are that Shri B.L.Khattar had booked a plot/shop with OP-1 to OP-3 on 9.4.1963 bearing plot No. C-shop 16 measuring 184 sq. yards in Ashoka Enclave carved out in village Khawaja Sarai and Palla within the revenue estate of Faridabad. Shri B,L, Khattar, father of complainant paid full and final payment to the tune of Rs.7,690/- till 05.07.67 to OPs. During the period from 1963-1967, OP-4 stepped into the shoes of OP-1 to OP-3. The present petitioners in revision No.4391 of 2008 filed complaint as heirs of original allottee Shri B.L.Khattar. The present respondent No.4 Ms. Greater Delhi Planners Pvt. Ltd. took the liabilities of original OP-1to 3 (present respondent Nos.1 to 3). The original allottee Sh. B.L.Khattar died on 29.09.1996 and during his life time he gave several notices to the opposite parties to give possession of the allotted plot/shop. After his death, his heirs filed a consumer complaint before the District Consumer Disputes Redressal Forum, Delhi, (in short ''the District Forum'') on 3.2.1997, which was dismissed as being highly time barred vide its order dated 29.4.2002. The complainants preferred an appeal before the State Commission. The said appeal was disposed of by the State Commission by order dated 12.3.2007 holding that the trial had proceeded fully, the District Forum should have decided the case on all the points and not only on limitation and therefore remanded the case to the District Forum for decision on all the points. The District Forum then considered all the points and passed order dated 7.2.2008 allowing the complaint:
The opposite parties are directed:
(i) to return a sum of Rs.7,690/- with interest at the rate of 9% per annum (simple interest) from 20.05.1967 till date.
(ii) to pay a sum of Rs.5,00,000/- (Rupees Five lakhs Only) as compensation to the complainants.
(iii) to also pay a sum of Rs.5,000/- (Rupees Five Thousand Only) to the complainants as cost of litigation.
Period of 60 days is granted to the O.P. to comply the above directions failing which action under Section 25 & 27 of the Consumer Protection Act, will be taken against the O.P.
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Against the above order of the District Forum, three appeals were filed before the State Commission. The first appeal No.FA-08/231 was filed by Shri Rakesh Kumar Khattar & Ors., i.e the complainants, the second appeal...
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